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Foreshore Area Management

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22 views

Foreshore Area Management

Uploaded by

giovanninaive
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FORESHORE

LEASE
AGREEMENT
(FLA)
FORESHORE LAND
 refersto that part of the shore which is alternately covered and
uncovered by the ebb and flow of the tide. (DAO 2004-24,
Aug.24,2004)
 Salvagezone
 - Lands measuring twenty (20) meters measured landward
from the interior limit of the shoreline for easement
purposes. (DAO 2004-24, August 24, 2004)
15 kms
shoreline
Municipal Waters

Highest tide
Lowest tide
Salvage zone (20 m.)
FORESHORE
Easement of coast
police (6 m.)
 Foreshore Lease Application – the type of application
covering foreshore lands, marshy lands and other lands
bordering bodies of water for commercial, industrial or
other productive purposes other than agriculture.
 Provisional Permit – a permit used for the temporary
occupation and use of a tract of land covered by a
prescribed public land application.
 Revocable Permit – a permit used for the temporary
occupation and use of a tract of land not covered by a
regular public land application
Regulatory Jurisdictions of each Agency
over Foreshore Areas
 DENR – over the survey and management of
alienable and disposable public land, issuances of
leases and permits & over matters of forestry,
mining and environmental concerns (C.A. 141 &
E.O. 192)

 DPWH – over cases involving construction and


developments along foreshore areas. (C.A. 141,
Sec.66)

 PPA – regarding construction of pier/port.


(PD No. 857, Dec. 23, 1975)
 PEA (now PRA) – over activities pertaining to
reclamation. (see Executive Orders 525 & 654)

 DOT – over the development of an area as a


tourism zone and marine
reserves. (see LGC 81, dated June 4, 1981)

 LGU – over constructions and building activities


covered by ordinances. (see LGC 57, dated
August 10, 1979 & R.A 7160)
 WHO MAY APPLY:
A) Any Filipino citizen of lawful age.
B) Corporations, associations or partnerships duly
constituted under the laws of the Philippines; at least 60%
of the capital is owned by Filipino citizens.

 MAXIMUM AREA THAT MAY BE LEASED:


Any person, corporation, association or partnership may
lease not more than 144 hectares.

 TERM OF A FORESHORE LEASE:


 The Foreshore Lease Agreement (FLA) shall be for a
period of twenty five (25) years and renewable for
another twenty five(25) years at the option of the lessor.
Section 9.
Application Form and Supporting Documents
• 1. The application form shall be filed in due form and substance. An
application shall only be accepted if properly filled-out under oath by
the applicant, or by its President , General Manager or duly
authorized representative, in the case of juridical person.

• 2. The following documents should be submitted:


• a. If the applicant is a naturalized Filipino citizen, a copy of his certificate
of naturalization duly issued by the proper agency;
• b. In case of corporation, association or partnership;
• b.1 Articles of Incorporation and Certificate of Registration from the SEC;
and
• b.2 Three (3) copies of the Board Resolution, authorizing the President or any
representative/s to apply for foreshore lease agreement.
• c. If the applicant uses a name, style or trade name, other than
his/its true name, three copies of the Certificate of Registration of
such name, style or trade name from DTI and SEC.
• d. Approved plan and technical description of the land applied for;
• e. Certification from the regional heads whenever applicable, of
the following agencies/offices having jurisdiction over the area
that the land applied for is not needed for public use;
• e.1. DOT
• e.2. PPA
• e.3. Municipal /City/ District/City Engineers
Office with the concurrence of the Regional
Director of DPWH; and or
• e. 4. PRA
• f. A development plan of the area stating among
others, the financial and technical capability of the applicant to
undertake the project.
Section 10. Application Fees
 Corporations, Associations or Partnerships – Php
1, 000.00
 Individual - Php 500.00
 Plus documentary stamps.
Section 12. Procedural Steps in
Processing Applications
 1. Filing and acceptance of application with complete
requirements at the CENRO to include verification of
records, numbering, foldering and recording
 2. Referral to Land Investigator/Deputy Public Land
Inspector for investigation and ocular inspection
 3. Conduct of preliminary investigation and submission
of report by the investigator to the CENR Office
 4. Conduct and submission of appraisal report by the
CENR Officer to the PENR Officer, RD, or Secretary, as
the case maybe
• 5. Approval of Appraisal and grant authority to conduct public bidding by the following:
• PENR Officer
• RED
• Secretary
• 6. Publication/posting of the notice of right to lease the land applied for and submission of proofs
of publication by the CENR Officer to the PENR Officer
• 7. Public Bidding and submission of report of bidding by the CENR Officer to the PENR Officer
• 8. Issuance of Order of Award and preparation of foreshore lease agreement by the CENR Officer
• 9. Signing of agreement by the awardee and approval of the following officials concerned upon
receipt of instruments:
• PENR Officer
• RED
• Secretary
• 10. Notarization and transmittal of approved foreshore lease agreement to the applicant by the
CENR Officer/Record Officer concerned
Sec.15 Conditions
•In addition to the conditions for foreshore lease agreement provided under
Public Land Act, the following are described;

•1. The lessee shall not assign , encumber or sublet his rights of the lease without
prior consent issued by the PENRO/RD/Secretary, as the case maybe;

•2.Nothing in this section shall be understood or construed to permit the


assignment, encumbrance or subletting of foreshore lands to persons or
associations/corporations/partnerships which are not authorized to lease lands
such as lands under CA 141 as amended and other pertinent laws;

•3. It is strictly prohibited to remove or dispose any timber except as provided


under PD 705 as amended, or any stone, oil, coal, salts, or other minerals or
medicinal conditions by the lessee shall cause the forfeiture of his rights
stipulated in the Lease Agreement and render him liable to immediate
dispossession and suit for damages;
• 4. All projects introduced by the lessee shall be subject to Environmental Impact
Assessment System.

• 5. The lessee shall be required to pay the annual lease rental within 15 days after
receipt of the approved lease contract for the first year. Thereafter, said lease
rental shall be paid annually on or before the fifth day of the first month of
the year during the life of the lease and without the need of notice of demand
to pay.

• 6. The lessee shall be required to follow strictly the implementation of the


approved development plan

• 7. The salvage zone described herein shall not form part of the agreement.
Further the lease is subject to easement reserved by the law on waters and to the
provisions of section 41, 109,110,112,113 and 114 of CA 141 as amended, and

• 8. The lease shall not give the lessee any right to conduct any reclamation work
within or adjoining the area under his lease.
•
APPRAISAL OF FORESHORE LAND
 Appraised Value (AV) = Lot Area x Zonal Value (ZV)
 Appraised Value = ___________

 Zonal Value = Php. 1750 per Sq. m.


 Lot Area = 551 Sq.m.

 Appraised Value = Php. 1750 x 551 Sq.m.


 = Php 964, 250 for the whole tract of land
 Rental Per Annum
 Formula: 3% (AV of Land) + 1% of (AV of
existing improvements)

 =3%(Php 964,250.00) + 1% (0)


= Php 28,927.50 -Annual Occupation
Fee/Rental

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